Australian Human Rights Commission Inquiry Federal Laws to
Protect LGBTI people from Discrimination.
Submission by Tasmanian Council for Sexual & Gender Diverse
People Inc
As a minority group there is a strong connection between
discrimination/inequality and poor social/wellbeing indicators for the LGBTI
Community. Establishing equity at law in relation to Federal legislation will
restore our community to mainstream equality through respect for our
relationships and contribute to national improvements in the LGBTI health and
well being indicators.
Australian Human Rights Commission
Level 8, Piccadilly Tower
133 Castlereagh Street
SYDNEY NSW 2000
GPO Box 5218
SYDNEY NSW 2001
http://www.humanrights.gov.au/huma
n_rights/lgbti/lgbticonsult/discussion_paper.html.
Submission Tasmanian Council for Sexual & Gender Diverse People Inc to Australian Human Rights
Commission Inquiry Federal Laws to Protect LGBTI people from Discrimination December 2010
Introduction
The Tasmanian Council for Sexual & Gender Diverse People Inc supports the
Australian Human Rights Commission intention to establish Federal Laws to Protect
LGBTI people from Discrimination. The Council is grateful for the opportunity and the
assistance provided to participate in the Melbourne Consultation.
The Australian Human Rights Commission targeted consultation regarding federal
protection from discrimination on the basis of sexual orientation and sex and/or
gender identity will be a long needed opportunity to right the wrong regarding
protection for the LGBTI Community at national level.
In April 2010, the Australian Government announced the Human Rights
Framework[1] (the Framework) in response to the report of the National Human
Rights Consultation. The Framework included a commitment to:
 Develop exposure draft legislation harmonising and consolidating
Commonwealth anti-discrimination laws
 Develop a new National Action Plan on Human Rights to outline future action
for the promotion and protection of human rights.
The Council (TCS&GDP Inc) endorses these initiatives that offer an opportunity to
ensure that concrete steps are taken to promote and protect the human rights of
people of all sexual orientations and sex and/or gender identities.
As we have seen in Tasmania after 22years of protective legislation, unless steps to
achieve cultural changes are included in the proposed National Action Plan then
nothing really changes especially in rural and remote areas of old culture
establishments with endemic discrimination, vilification and hate crime for many in
the LGBTI Community.
The failure to enact Federal legislation and rely on state enactments only perpetuates
the American model of Federalism with it’s dramatic insecurity for minority groups as
against the European model of reliable and assured change for the LGBTI
Community even in religious countries that would normally appose.
Protection of Minority Groups
As a minority group the incidence of health well being and safety issues including self
harm and suicide prevention is at a substantially higher level in the sexually and
gender diverse community than in other sections of the Community. There is a
strong connection between discrimination/inequality and poor social/wellbeing/safety
indicators for the LGBTI Community. Establishing equality in all things will restore
our Community to wellbeing.
Establishing equity at law in relation to the Federal Legislation will restore our
community to mainstream equality through respect for our relationships and self
esteem and contribute to improvements in the LGBTI health and well being
indicators. It will destroy one of the last marks of stigmatization that we have to
endure and contribute to community normalisation and the reduction of discrimination
and victimization. If the Federal Government is seem to respect our right to equality,
as other sections of the community then there will be no excuse for conservative
sections of the Australian community to do other than treat us with respect.
2
It is important at the outset to say that many in the LGBTI Community do not support
incremental changes as recently attained through the removal of discrimination from
a range of Commonwealth laws re taxation, superannuation, and social security
provisions. These changes are piecemeal and while the GLBTI has accepted the
responsibility to be on an equal level in these areas with the mainstream community
they have not achieved equity in the major area of partnership and marriage equity
provisions. In fact to some extent these changes have further disadvantaged the
community and destroyed an incentive to enable equity in relation other areas of
discrimination especially at a Federal level in areas like equity in the Marriage Act by
the Australian Government. The changes have been very badly implemented at local
& regional levels as to achieving educational and cultural awareness strategies to
explain the changes especially as regard taxation and social security changes.
General confusion exists about how LGBTI people need to respond and many are
very exposed to legal action from ignorance about the changes.
THE GLBTI COMMUNITY STILL EXPERIENCES DISCRIMINATION &
INTIMIDATION: (SEE ATTACHMENT A: POSITIVE EXCLUSION AND
DISCRIMINATION OF GLBTI COMMUNITY LEADING TO SELF HARM & SUICIDE
– A WELL BEING PROFILE)
The Council (TCS&GDP) through the Coming Out Proud Program (COPP) is
developing management plans at local & regional level as endorsed by over twenty
Councils (local government) to eradicate discrimination and achieve cultural change
in Tasmania.
COPP has used the process of conciliation described and
implemented in the Tasmanian Anti Discrimination Act 1998 to achieve cultural
change, so necessary in turning around the incidence of self harm and suicide in the
GLBTI Community in Tasmania1. Equality in marriage is the most important. The
lack of Federal law to formally recognise the relationship between same-sex couples
(for example through marriage) leads to continuing inequality and cultural
mainstream exclusion as well as continuing discrimination as follows.

Young, adult and older GLBTI people still experience harassment, bullying
hate crime and discrimination within the general community

GLBTI people especially the young, elderly and infirm ‘in care’ or institutions
e.g prisons are very vulnerable to physical and psychological abuse.

There is discrimination in the workplace, including harassment, constructive
dismissal and diminished career opportunities

There is discrimination in accessing aged care facilities, with aged care
policies not adequately addressing the needs or respect of GLBTI people in
Australia

There are significant and unacceptable levels of homophobia and ‘hate crime’
in the community which escalates in rural and remote areas in Australia
1
According to a study of health compromising and suicidal behaviours among young gay and bisexual men in
Tasmania conducted at the Division of Community and Rural health and issued in October 1999,
The young Tasmanian gay and bisexual men surveyed were two and a half times more likely to seriously consider suicide
than their heterosexual peers,
3

People who are sex and gender diverse face difficulties in obtaining official
documents that record the sex or gender in which they live.
COPP DEVELOPING POLICIES TO IMPROVE GLBTI RIGHTS & PROTECTION
AT REGIONAL & STATE LEVELS
The intent in establishing the Coming Out Proud Community Liaison Committees has
been in part to develop management plans in the local areas & regions of Tasmania
in partnership with Local Government to provide for strategies that will allow GLBTI
people in the Region to ‘come out with pride’ and live in their community with dignity
as fully respected and participating members. One of the major objectives of COPP
is to ‘support the GLBTI Community create a climate where they are accepted and
celebrated as full, contributing and proud members of the general community’.
Following the dedicated work of activists and the resulting law reform and
development of anti-discrimination and partnership legislation there is maturity and
an expressed, but yet unfulfilled, desire of the GLBTI Community to self determine
their participation in the State Community. There is also a desire amongst members
of the GLBTI community to represent and conduct their own affairs including
inequality issues at state, national and international levels from a franchised and
representative local base upwards. It is critical to establish a ‘unity of purpose and
intent’ on the part of the GLBTI Community to the development of comprehensive
and coordinated enactment and practice regarding human rights, security & well
being issues for our Community through a process of self-determination.
The four regional COP Community Liaison Committees aim as follows;


Engage the Government and the GLBTI Community in a conversation that
engages all stakeholders as to effective, efficient and appropriate ‘inclusion
strategies’ for developing policy and practice that will ensure the security, and
wellbeing of the GLBTI Community.
Engage the Tasmanian Community in a conversation at local and regional
levels as to the benefits of including LGBTI people ‘without prejudice’ at all
levels of community life.
The COPP is managed by Community Liaison Committees (CLC’s) that are being
established at local or regional level with the endorsement of the local government
authorities but self-funded and owned by the local GLBTI community. The CLC’s act
as a coordination, consultation and evaluation base for the GLBTI community to
develop a Management Plan to ensure that active strategies on the part of Federal,
State/Local Government and GLBTI organisations are being delivered in the region in
an efficient, effective and appropriate way. There has been an initial regard for the
integration of local educational, legal, welfare, health, and social issues in the
management plans being developed. This is regarded as important in the holistic
solution to improving human rights, security and well being for the LGBTI
Community.
The Council (TCS&GDP Inc) which has been incorporated with representation from
the local, COPP Community Liaison Committees (but not yet by funded support
organisations e.g Working It Out & TasCAHRD) is acting in concert with the State
GLBTI Reference Group in implementing the State Government’s GLBTI Framework
in both government and community services.
4
In establishing an agreement of ‘unity of purpose and intent’ the State Council is an
important meeting point to achieve improved self-determined social justice strategies
to ensure the security and well being are achieved through the necessary cultural
changes in the Tasmanian Community. Community Liaison Committees exist and
are endorsed and supported by local government as follows;
 Southern Kingborough/Huon
 Greater Hobart including Glenorchy
 West Coast/West Coast (Cradle Coast)
 Greater Launceston
The League of Gentlefellows (LOG) www.logtas.org with a base membership of over
1900 members has invested over $35,000 raised from social functions in the COPP
Trust. The COPP Trust is an important funding strategy to encourage the
development of human rights, security and well being strategies at local and regional
level to achieve cultural change. Moreover LOG is a strong and important
consultative base with a 1900 membership base for the consideration and
implementation of social justice strategies.
In addition the Outright Youth advocacy group as a Council member organisation are
representing the interests of young LGBTI students in school as follows
 A GLBTI culturally aware teacher social/worker appointed in each school and in
University
 Provided with an Anti Homophobic Manual e.g. ‘Not Round Here’
 GLBTI Safe Space is also addressed in schools
 GLBTI Students are assisted and appointed as peer support mentors in each
school
 OY are also available to speak at School Assembly and to associated
organisations e.g. Parents & Friends
 The OY students run discrete social functions
The Council (TCS&GDP Inc) through its members is the most representative,
consultative advocacy base for sexual and gender diverse people in Tasmania. At
every regional & local level people see the issue of respect acknowledgement and
celebration of LGBTI rights as a fundamental inequality to be changed.
It is expected that the Council member organisations will now be consulted as a
major stakeholder representative group in Tasmania in relation to Federal law reform.
As a right LGBTI people have the responsibility and dignity to be part of legislation
and culture change as distinct to selective lobbying by a few activists.
RECOMMENDATION 1
The Council (TCS&GDP Inc) COPP represents a model that has the potential to
underpin the Federal law changes and develop a new National Action Plan on
Human Rights to outline future action for the promotion and protection of human
rights at local and regional level. It could be endorsed as a model of ‘best practice’
as it uniquely engages local government in a ‘non separatist’ model of social change
for minority groups.
5
National LGBTI Action Plan
The development of a National Action Plan on Human Rights offers an opportunity to
develop concrete actions to further the promotion and protection the human rights of
LGBTI people in Australia. The Tasmanian Anti Discrimination Act 1999 while
achieving substantial law reform still left minority groups at local and regional levels
vulnerable in an old culture that does not respect diversity. A National Action Plan to
implement the changes through national strategies that achieve improved
coordination, cooperation and collaboration at state, local and regional level is critical
as this is the nature of our Federation.
RECOMMENDATION 2
NAP strategies should include:
 Community education programs that aim to reduce homophobia and transphobia
in our community at local & regional levels.
 All public & private sector organisations engage human rights education and
LGBTI cultural Awareness training that includes consideration of LGBTI rights
 LGBTI Cultural Awareness training for all professionals initiated in University
Schools
 Ensuring that all Commonwealth agencies have appropriate policies regarding
support for LGBTI people who are ‘coming out’, transitioning from one sex to
another or living in any situation that is discriminatory or pre disposed to
discrimination, harassment or hate crime.
 Special strategies in key Federal agencies as mirrored in State Agencies
including Police/Justice, Health & Human Services, Education and
Development/Tourism.
 The Federal Government endorses ‘managing diversity programs in the private
sector.
RECOMMENDATION 3
It is imperative that the Federal Government ensures that as tax money is directed at
a Federal level to the States, guidelines and evaluation procedures should ensure
that protection of LGBTI clients is ensured in all services and programs. This is
particularly important given the involvement of church based organisations involved
in welfare service provision do not impose their narrow moral interpretation on a
LGBTI client base
IMPORTANT PROACTIVE RIGHTS FOR THE LGBTI COMMUNITY AS FOR
EVERYONE – ENSHRINED IN FEDERAL LEGISLATION
Human rights including marriage and civil union equity are only integral when they
are universal at a national level. Until they are universal for all sections of the
community and until they are achieved, acknowledged and celebrated at all sections
nationally then in reality we do live with a strong degree of ‘segregation’ and
‘separation’. If some sections of the community have not equal rights, then justice is
not a ‘seamless garment’. This universal acceptance, acknowledgement and
enactment are essential to the wellbeing of the whole community and until achieved
is not a national reality.
RECOMMENDATION 4
Universal enactment of equity is very important for GLBTI people in Australia
because our community still experiences strong discrimination and intimidation (see
attachment A). We are all entitled to the enjoyment of human rights without
6
discrimination of any kind, including discrimination on the basis of sexuality, sex
identity or gender identity. Human rights and freedoms not universally enacted and
particularly relevant to GLBTI people include the right to:

Equality of LGBTI people in every aspect and without exemption before the
law

Equality of relationship recognition e.g. Marriage Act

Equal access to work and equal treatment in workplaces for sexual & gender
diverse people as well as a competent complaints system.

Prohibition of constructive dismissal of LGBTI people as a way of bypassing
anti discrimination industrial legislation.

Guaranteeing the highest attainable standard of physical and mental health
and social security for our community

Guaranteeing freedom of expression and cultural diversity

Privacy applying universally to the GLBTI Community

Right of association and political expression

Right to recognition of Family life, and equality in respect of Work Life.

Right to protection of sexual & gender diverse people to their culture and selfexpression within institutional care or health and welfare institutions.

Strong, defined and uncompromising legislation against hate crime, vilification,
discrimination, bullying and harassment
The principle right to have our unions sanctioned at the same value, as marriage is a
basic right that needs to be redressed at law and upon which most other inequalities
will change. It is the principle cultural change that will redress vilification and hatred
at local & regional levels. It is a major point of respectability and equity within the
national community.
RECOMMENDATION 5
The LGBTI Community regards national legislation or the equivalent of the Marriage
Act as essential. State legislation is seen as of not the same value and subject to
reversal as for other Federal systems.
NATIONAL LAW REFORM
A national law prohibiting discrimination against LGBTI people is critical and essential
in Australia. We live in a federal system that operates in an international sphere in
reflecting other national jurisdictions in respecting and protecting human rights.
Other international jurisdictions do not have federal systems with complicated
divisions of state versus federal layers of human rights legislation. In the Australian
context if this layer is missing there is an important gap in the legislated base that
does not pick up international protocols covenants to safeguard human rights. State
anti-discrimination laws do not adequately protect at law and misses the international
element. An example of this is that in Australia in the absences of human rights
7
legislation people employed by, and receiving services from, the Federal
Government are not necessarily covered
They can set a national standard and send out a positive message that discrimination
against LGBTI people is unacceptable.
Law reform at the national level is even more important given the ‘fear factor’ of being
disclosed as being gay or lesbian complicates welfare and safety objectives as it
applies to the GLBTI Community. The denigration and homophobia existing in many
communities seriously affects the wellbeing and therefore the general health of the
whole GLBTI Community. This is especially true in most Tasmanian communities
that have sections of ‘religious fundamentalist’, ‘neo Nazi’ and homophobic groups
encouraging hatred, violence and victimisation of all associated with the GLBTI
Community. This factor makes disclosure to authorities of hate and discrimination
very difficult for most GLBTI people in the community and can only be resolved by a
‘courageous’ stand. Most people are not able to take this stand and would be unwise
to do so without very good self-protection skills. Only a concerted and planned
community approach in relation to community inclusion with highly developed law
reform protections will work. It is important that this is enshrined in federal legislation
that is not compromised by political considerations at State or local/regional levels.
Self - determination in turn achieves the wellbeing that comes from being in control of
the process of change, rather than being controlled. In turn a strong community
educational approach needs to be developed in all regions and localities, which has
the approval and bi-partisan support of community leaders and all relevant
organisations in relation to self-harm and suicide prevention.
A national law should prohibit discrimination on the grounds of "sexual orientation"
and "sex and gender identity" because
a) Terms like "sexual preference" and "sexuality" suggest same-sex and different-sex
attraction is not intrinsic and can easily be changed, and
b) "Sex and gender identity" is inclusive of transgender and intersex people
A national law should also prohibit discrimination on the grounds of relationship
status and lawful sexual activity because
a) The social visibility of legal recognition of same-sex relationships can create the
conditions for greater discrimination, and
b) Sometimes LGBTI people are discriminated against because of their sexual
activity and not their orientation or identity
A national law should have no exemptions, including for religious organisations,
because
a) Exemptions allow powerful institutions to deny employment, housing and
educational opportunities to ordinary citizens, and
b) The Tasmanian Anti-Discrimination Act has no exemptions under the ground of
sexual orientation and a national law should not fall below this standard
Same Sex Marriage or Civil Union
Central to this local and regional COPP planning is the restoration of same sex
relationships to a position of equality with opposite couples. The exclusion of our
8
relationships from the possibility of Marriage has stigmatised and damaged our
communities well being as follows
 Same sex relationships are not perceived as of the same quality as
opposite couples given their exclusion from the Marriage Act 1961.
 Same sex couples are made to feel that they are ‘not worthy’ of the same
quality of relationship. Some Churches actually regard people as outside
the marriage relationship as ‘infamous’ and their children as ‘spiritually
illegitimate’.
 Conservative religious organisations have been allowed to dominate
through the Marriage Act the status of marriage and exclude for their own
discriminatory narrow moral rules same sex couples. This is demonstrated
by the automatic recognition of Religious Celebrant as Civil Celebrant with
the right to exclude some sections in the community including LGBTI
people from marriage.
 Same sex couples that have a spiritual aspect to their relationship are
excluded from celebrating or acknowledging this in the Community.
 Children in same sex families are often victimised because they are not
acknowledged as equal as children in opposite partner relationships
because their parents are incapable of marrying.
The Marriage Act must be amended to allow same-sex couples to marry because
a) Discrimination against LGBTI people in the workplace, housing and education will
be harder to counteract as long as discrimination is enshrined in the laws governing
such a core social institution as marriage, and
b) Discrimination in marriage violates fundamental human rights including the right to
equality and the right to individual autonomy
Same sex couples being included in the Marriage Act would fulfil the most
conservative view of marriage from a theological/philosophical perspective. This is
defined in the primary and secondary ends of marriage being the ‘procreation and
rearing of children’ alongside the secondary end of ‘fostering mutual love’. Most
would challenge this primary and secondary end view or at least reverse them.
Even by this most conservative and male oriented clerical view of Thomistic moral
theology same sex couples can fulfil both goals and achieve and ‘live out’ family and
domestic bliss in achieving the potential to most conservative views as do some
opposite couples. Some would claim that same sex couples realise a more faithful
union because they have to struggle to achieve respect for their relationships. This
apart, the denial of marriage to same sex couples is an idiotic sham that has only
prejudice for justification, there is certainly no realistic sense of justice or equality.
While established churches in Australia have a privileged position in the joint
registration of Civil & Religious Marriage Celebrants despite the separation of Church
& State; the federal Government excludes same sex couples from any civil
recognition of their union. When State Governments attempt to get State recognition
of same sex couples marriage the federal Government opposes this on the grounds
that it is a federal sphere of law.
Exclusion from Marriage for Same Sex Couples – Community Inequity and
Family Disruption
The ‘fear factor’ of being disclosed as being gay or lesbian, complicates health and
well-being and safety objectives as it applies to the GLBTI Community. It has
9
pushed a significant section of the GLBTI community into ‘opposite couples’ ‘sham
marriages’.
Anecdotal experience in Tasmania indicates that one in four gay men have entered
and dissolved opposite couple’s marriages. This frightening accommodation made to
escape the denigration of being in a same sex relationship causes awful affects
leading to the eventual break up of marriages and community disruption as follows;
 Opposite partners are led into a marriage that is a sham causing both partners
great disadvantage stress, mental depression and economic turmoil
sometimes suicide.
 Children born to the marriage are confused and disturbed about the marriage
divorce and separation of their parents.
 Dissolution of the marriage causes major disruption to peoples lives for many
years with questioning of the partners life capacity and self confidence
 Property division and normal life is disturbed for both partners for long periods
and from which they often do not recover economically, psychologically or
physically.
Other areas of inequity that result from a restricted view and exclusion of same sex
couples from marriage include the following;
 Professional and counselling support in preparation for life long unions is not
provided or readily available.
 Professional and counselling support in maintaining relationships at times of
crisis in relationships or support of children is not readily available or
considered
 Domestic violence in same sex relationships is not negotiated within the
community to the same degree of opposite couples.
 Because same sex marriage/civil union is not accepted at law most sexual
and gender diverse people are not able to put a similar value on their
relationships.
The denigration and homophobia existing in many communities seriously affects the
wellbeing and therefore the general health and safety of the whole GLBTI
Community. This is especially true in most Tasmanian communities that have
sections of ‘religious fundamentalist’, ‘neo Nazi’ and homophobic groups encouraging
hatred, violence and victimisation of all associated with the GLBTI Community. This
factor makes disclosure to authorities of hate and discrimination very difficult for most
GLBTI people in the community and can only be resolved by a ‘courageous’ stand.
Most people are not able to take this stand and would be unwise to do so without
very good self-protection skills. Only a concerted and planned community approach
in relation to issues of equity with highly developed strategies will work to improve
health and well being factors. Respect and acknowledgement for ‘same sex’ unions
/marriage would be the last barrier to discrimination in our communities being the
cause of increased health problems and legalised abuse for sexual and gender
diverse people.
Recommendation 6
 The Council unconditionally supports Federal law reform that seeks to remove
all discrimination from the Marriage Act 1961 on the basis of sexuality and
gender identity and to permit marriage for same sex couples.
 Recommends that the Bill be a ‘matter of conscience’ in the House of
Representatives and Senate.
10





That Civil Celebrants be especially trained to conduct a ceremony in accord
with cultural sensitivity to the sexual and gender diverse community.
Civil Marriage ceremonies be prepared that engender and are respectful of the
cultural sensitivity and spiritual sentiments of same sex couples entering a life
long union.
That special professional counselling and marriage/civil union preparation
courses be provided that assist same-sex couples entering into a civil union
that equates with marriage.
That sensitive divorce and property settlement arrangement’s are recognised
at law for same sex unions or marriages that break down irresolvibly
Parenting and adoption arrangements for same sex couples that equate with
children of apposite couples are adopted at law.
Conclusion
The Council (TCS&GDP Inc) is very supportive of the AHRC Inquiry into Federal Laws to
Protect LGBTI people from Discrimination. It sees as essential that the Framework
included a commitment to both:
 Develop exposure draft legislation harmonising and consolidating
Commonwealth anti-discrimination laws; and
 Develop a new National Action Plan on Human Rights to outline future action
for the promotion and protection of human rights.
Hopefully there will be a balance. One without the other will not work. Unfortunately
this has been the case in Tasmania. The member organisations of the Tasmanian
Council for Sexual & Gender Diverse People have to work very hard especially at
local & regional community level to challenge the old culture in rejecting homophobia,
hate crime, discrimination and harassment/bullying. When these abnormalities are
truly outlawed by national legislation and diversity is acknowledged, valued and
celebrated then we can start to become harmonious communities without the
disfunctionality of homophobia/Tran phobia.
JULIAN PUNCH AM
TASMANIAN COUNCIL FOR SEXUAL & GENDER DIVERSE PEOPLE INC
http://www.comingoutproud.org/
11
ATTACHMENT A: POSITIVE EXCLUSION AND DISCRIMINATION OF
GLBTI COMMUNITY LEADING TO SELF HARM & SUICIDE – A WELL
BEING PROFILE
In 2005, here in Australia, a major study found that:
•
80 per cent of respondent gay, lesbian, bisexual, transgender and
intersex (GLBTI) people had experienced public insult
•
70 per cent had experienced verbal abuse
•
20 per cent had experienced explicit threats
•
13 per cent had experienced physical assault
(McNair, R., Thomacos, N., Not Yet Equal: Report of the VGLRL Same Sex
Relationships Survey. 2005. Victorian Gay and Lesbian Rights Lobby.)
Research in Australia also shows the results of this harassment:
•
55 per cent of gay men and lesbians had contemplated self-harm as a
direct result of bullying
•
40 per cent had attempted self-harm or suicide on at least one occasion
•
30 per cent had done so more than once.
(Rivers, I., The Bullying of Sexual Minorities At School: Its Nature and Long Term
Correlates. Educational and Child Psychology. 2001 Vol 18. P39)
•
64 per cent of non-operative transgender people had contemplated
suicide on at least one occasion in their lives
•
37 per cent had made at least one attempt
(Singer et al 1997, Xavier 2000, Kenagy & Bostwick 2001, Nemoto et al 2001,
Clements-Nolle et al 2001, Risser & Shelton 2002. Cited from www.nctequality.org
•
Same sex attracted young people (SSAYP) are three times more likely to
attempt suicide than heterosexual youth
(Howard, J. et al, Same Sex Attracted Youth in Mental Health Promotion and Young
People: Concepts and Practice. 2002. Eds Rowling, L, Martin, G., Walker, L.
McGraw Hill, Australia)
12
•
Rural SSAYP are six times more likely to attempt suicide than the
population as a whole
(Quinn, K., Rural Youth and Same Sex Attracted Youth: Issues, Interventions and
Implications for Rural Counsellors. Rural and Remote Health. 2003 Vol 3.)
•
30 per cent of all homeless young people identify as gay or lesbian
(As long as I have my doona: A report on lesbian and gay youth homelessness [1995].
2010 Gay and Lesbian Youth Service and the Australian Centre for Lesbian and Gay
Research.)
And yet;
•
67 per cent of Australian doctors surveyed knew of instances where
GLBTI patients had either been refused care or received substandard
care as a result of their sexual orientation or gender identity
(Thomacos, N., Enhancing and Promoting the Health and Wellbeing of all Gay Men
and Lesbians in Victoria. Lecture: University of Melbourne, Sept 2006)
This exclusion and positive discrimination is also reflected in
Tasmanian Statistics as follows
PERCENTAGE OF GLBTI PEOPLE WHO HAVE EXPERIENCED ASSAULT
BASED ON SEXUAL ORIENTATION
TASMANIAN RESEARCH
Research Period Five Years or Over
a) 46% amongst 16-26 year old Tasmanian gay and bisexual men (Menzies
Centre for Population and Rural Health, 1998, sample=120)
b) 46% amongst 14-18 year old same sex attracted people in three Tasmania
High Schools (La Trobe University Centre for Sex, Health and Society
Research, 1998, sample=300)
c) 32% amongst 15-25 year old southern Tasmanian lesbians (Department of
Community and Health Services and Hobart Women’s Health Centre,
1998, sample=30)
Research Period Previous Twelve Months
d) 12.5% amongst gay men ("Tasmanian Council on AIDS and Related
Diseases, CARD's Men who have sex with men survey", 1998,
sample=88)
13
e) 15% amongst Tasmanian gay men (Project MaleCall, Macquarie
University Centre for HIV social research, 1996, sample =140)
NATIONAL OR INTERSTATE RESEARCH
Research Period Five Years or Over
f) 33% of lesbians (NSW gay and lesbian community study, “Off our Backs”,
1992, sample=40)
g) 20% amongst gay men and 11% amongst lesbians (NSW Anti-violence
Project, “Street Watch Report”, 1997, sample=unsure)
h) 20% amongst gay men and 11% amongst lesbians (Victorian gay and
lesbian community survey, 1994, sample=1000)
Research Period Previous Twelve Months
i) 14% amongst gay men and 12% amongst lesbians (NSW Police gay and
lesbian community survey, “Out of the Blue”, 1995, sample=297)
j) 11% amongst Australian gay men (Project MaleCall, Macquarie University
Centre for HIV social research, 1996, sample =3039)
PERCENTAGE OF GLBTI PEOPLE WHO HAVE EXPERIENCED ASSAULT
AND VERBAL ABUSE BASED ON SEXUAL ORIENTATION
TASMANIAN RESEARCH
Research Period Five Years or Over
k) 94% amongst 16-26 year old Tasmanian gay and bisexual men (Menzies
Centre for Population and Rural Health, 1998, sample=120)
l) 91% amongst 15-25 year old southern Tasmanian lesbians (Department of
Community and Health Services and Hobart Women’s Health Centre,
1998, sample=30)
Research Period Previous Twelve Months
m) 47% amongst Tasmanian gay men (Project Male Call, Macquarie
University Centre for HIV social research, 1996, sample =140)
n) 42% amongst gay men ("Tasmanian Council on AIDS and Related
Diseases, CARD's Men who have sex with men survey", 1998,
sample=88)
NATIONAL OR INTERSTATE RESEARCH
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Research Period Five Years or Over
o) 70% of gay men and lesbians (Victorian gay and lesbian community
survey, 1994, sample=1000)
p) 79% of gay men and lesbians (Victorian gay and lesbian community
survey, 1999, sample=1000)
q) 83% of gay men and lesbians (NSW Police gay and lesbian community
survey, “Out of the Blue”, 1995, sample=260)
r) 91% of lesbians (NSW gay and lesbian community study, “Off our Backs”,
1992, sample=40)
Research Period Previous Twelve Months
s) 40% amongst Australian gay men (Project MaleCall, Macquarie University
Centre for HIV social research, 1996, sample =3039)
PERCENTAGE OF GLBT PEOPLE WHO HAVE
DISCRIMINATION BASED ON SEXUAL ORIENTATION
EXPERIENCED
Research Period Five Years or Over For All Studies
TASMANIA
t) 95.5% amongst 15-25 year old southern Tasmanian lesbians (Department
of Community and Health Services and Hobart Women’s Health Centre,
1998, sample=30)
NATIONAL OR INTERSTATE
u) 87% of gay men and lesbians (Victorian gay and lesbian community
survey, 1994, sample=1000)
v) 84% of gay men and lesbians (Victorian gay and lesbian community
survey, 1999, sample=1000)
DISCRIMINATION IN EMPLOYMENT (ALL INTERSTATE)
w) 59% of gay men and lesbians in employment (Sydney University gay and
lesbian community study in NSW, Vic and ACT, 2000, sample=1000)
x) 45% of gay men and lesbians in employment (Victorian gay and lesbian
community survey, 1994, sample=1000)
y) 40% of gay men and lesbians in employment (Victorian gay and lesbian
community survey, 1999, sample=1000)
OTHER RELEVANT STATISTICS
DISCRIMINATION AND HARASSMENT IN SCHOOLS
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According to a study of attitudes to homosexuality amongst 300 students at
Hobart’s Elizabeth College released in September 1999,

8% of students admitted to being homosexual or bisexual

32% of males and 20% of females admitted feeling uncomfortable
around a homosexual person

16% of students admitted to physically or verbally abusing someone on
the basis
of their sexuality.
THE EFFECTS ON YOUNG GAY AND BISEXUAL PEOPLE
According to a study of health compromising and suicidal behaviours among
young gay and bisexual men in Tasmania conducted at the Division of
Community and Rural health and issued in October 1999,

The young Tasmanian gay and bisexual men surveyed were two and a
half times more likely to seriously consider suicide than their
heterosexual peers,

62% of the young Tasmanian gay and bisexual men surveyed had
experienced physical assault, and 94% had suffered verbal abuse
because of their sexual orientation,

The young Tasmanian gay and bisexual men were more likely to
experience conflict with parents and peers, lose friends because of
coming out, abuse alcohol and have unsafe sex.
MENTAL HEALTH STUDY
A study - conducted by the Australian Research Centre in Sex, Health and
Society found that up to 31 per cent of gay people suffered anxiety
disorders and depression compared with between 4 and 14 per cent of
heterosexuals. Seventeen per cent of young gay women had tried to harm
or kill themselves in the previous six months, compared with 2 per cent of
straight women.
www.hreoc.gov.au/human_rights/lgbti/lgbticonsult/index.html
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